Acushnet Co. to appeal Japanese patent ruling

Saturday

Feb 27, 2010 at 12:01 AM

FAIRHAVEN — The Acushnet Co. plans to appeal a Tokyo court's decision that the firm's Japanese division infringed on the copyrights of Japan's Bridgestone Sports Co., a company spokesman told The Standard-Times.

STEVE URBON

FAIRHAVEN — The Acushnet Co. plans to appeal a Tokyo court's decision that the firm's Japanese division infringed on the copyrights of Japan's Bridgestone Sports Co., a company spokesman told The Standard-Times.

According to the Kyodo News International agency, the Tokyo District Court ordered Acushnet Japan Inc. to pay about $1.78 billion yen, or about $20 million, in damages for golf ball patent infringement. The company had sought $5.6 billion yen.

Acushnet, asserting that the patents were invalid, plans to appeal the decision to the Intellectual Property High Court.

"We are naturally disappointed in the court's ruling but are confident that the Intellectual Property High Court will have a better understanding of our position in this complicated issue," said Joe Nauman, Acushnet Co.'s executive vice president for corporate and legal affairs.

"We feel the patent in question is not valid and strongly believe that we should not be responsible for any damages. Unfortunately, the legal process of proving the invalidity of intellectual property is an intricate and lengthy one. However, we believe it is necessary in this case to defend and affirm our position."

The company said the court's decision is limited to sales in Japan for products that have not been sold since early 2006. The ruling has no impact on any Acushnet products currently sold worldwide, the company said.

A similar patent infringement lawsuit filed by Bridgestone in the United States ended with a settlement in September 2007, in which Acushnet agreed to pay Bridgestone a licensing fee.

In the Tokyo case, Acushnet Co. said in a statement: "The patent in question was filed by Bridgestone in 1989 and had not been used by the company for years. Acushnet utilized the technology in select Titleist and Pinnacle branded golf ball products sold in Japan from 2003 through February 2006 with the belief the patent was invalid. No Acushnet Co. products have applied this technology for over four years."

Acushnet argued that the patents concerned technology that had already been invented by others and therefore should be deemed invalid. Acushnet had no comment on the damages rendered by the court, which will be addressed in the company's appeal.